The Gujarat High Court recently made headlines by becoming the first court in India to live stream its judicial proceedings on YouTube. This move towards increased transparency in the Indian judiciary has been welcomed with enthusiasm by lawyers, law students, litigants, and the general public.
The New Move: Live Streaming of Court Proceedings
In an unprecedented move, the Gujarat High Court has decided to permit open court proceedings through video conferencing methods, barring proceedings which are to be conducted in camera, or in private chambers of a judge away from the public and press. This initiative is intended as an experiment, the success or failure of which will determine whether the modality of live court proceedings will continue in the future.
Adapting to Technology During the Pandemic
Throughout the Covid-19 lockdown and even after, courts have continued their operations via video conferencing. This has facilitated participation in hearings not just from legal professionals, but also parties, victims, and defendants. As laid out by the e-Committee of the Supreme Court’s model video conferencing rules, the public is permitted to view these remote hearings.
Past Efforts Towards Transparency in Judiciary
In 2018, the Supreme Court in Swapnil Tripathi v Supreme Court of India ruled in favour of making court sessions more accessible to the public through live-streaming. They opined that live-streaming court proceedings falls under the right to access justice as per Article 21 of the Constitution. Despite this ruling, implementation has been lacking.
Bridging the Gap: Benefits of Live Streaming
Live streaming judicial proceedings can offer numerous benefits. Litigants can follow their case’s progress and assess their lawyer’s performances. Court attendees from distant states like Tamil Nadu and Kerala won’t have to travel all the way to the national capital for a day’s hearing. Furthermore, live broadcasts can keep legal professionals accountable for their behaviour within the courtroom. With a nationwide audience potentially watching them, this could lead to fewer interruptions, raised voices, and adjournments from lawyers.
Challenges & Concerns
Despite the benefits, some concerns and challenges have been raised around the move. For example, live streaming court proceedings could potentially be abused and may violate the fundamental right to privacy in sensitive cases like matrimonial disputes and rape cases. Other issues include potential national security concerns and the unauthorised reproduction of live-streaming videos, with the latter being difficult for the government to regulate. Lastly, there are concerns about the commercial aspect of live-streaming, as well as the infrastructure requirements and internet connectivity challenges it entails.
Paving the Way Forward
Despite the challenges, there is significant public interest in understanding court proceedings, from constitutional courts to trial and appellate courts. Over the years, steps have been taken to make justice more accessible, and if technology is available, it should be extended to the public who can then view court proceedings themselves.